On 22 October, the Senate resolved that 'the Committee⁽¹⁾ have power to send for persons, papers and records'.

On 9 November, L. C. Mackinnon, a witness before the Committee being examined by the Chairman, declined to answer certain questions. The questions do not appear to have been then pressed and answers were not insisted on.

I am asked to advise the Committee as to the steps the Committee should take with a view to obtaining the evidence sought from the witness.

For the purposes of the opinion, I assume that the order of reference is within the powers of the Senate (which seems to be beyond doubt), and clearly expresses the particular matters referred. No objections on these points (or on the ground of relevancy, as to which, I think, the decision of the Senate would be final) were taken by the witness; nor can the coercive or punitive action of the Senate (which is limited to committal for the remainder of the session) be questioned if the subject-matter falls within its jurisdiction (Stockdale v. Hansard 48 R.R. 326 at pp. 412,427,441).

In my opinion, the steps to be taken, should the Committee insist on the evidence being given, are:

1. Summon the witness in accordance with the Standing Orders.
2. The Chairman should put such specific questions as he deems essential, and make it clear that the witness is required to answer them.
3. If the witness declines to answer, the refusal should be reported by the Committee to the Senate, which may then deal with the matter⁽²⁾ as one of privilege under sections 49 and 50 of the Constitution.⁽³⁾

[Vol. 7, p. 287]

(1) Select Committee of the Senate appointed, on 21 October 1909, ‘to inquire into and report upon the question of supply, conditions of sale, and distribution which control the Press Cable Service within the Commonwealth, and from outside the Commonwealth, and matters connected therewith and the best means of increasing the supply of cables and their more extensive distribution’.

(2)See Opinion No. 364.

(3)This opinion was published in J. R. Odgers, Australian Senate Practice, 5th edn, AGPS, Canberra, 1976, p. 540.